Leinster Group Pty Ltd
[2022] FWCA 3562
•13 OCTOBER 2022
| [2022] FWCA 3562 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Leinster Group Pty Ltd
(AG2022/4089)
Leinster Group Pty Ltd & ETU NSW Construction Enterprise Agreement 2022
| Electrical contracting industry | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 13 OCTOBER 2022 |
Application for approval of the Leinster Group Pty Ltd & ETU NSW Construction Enterprise Agreement 2022
Leinster Group Pty Ltd has made an application for approval of an enterprise agreement known as the Leinster Group Pty Ltd & ETU NSW Construction Enterprise Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).
This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5) of the Act, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it, and that it is in the public interest to approve the Agreement.
Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with the CEPU and that the Agreement covers this organisation.
The Agreement was approved on 13 October 2022 and, in accordance with s 54, will operate from 20 October 2022. The nominal expiry date of the Agreement is 31 October 2022.
DEPUTY PRESIDENT
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